Khum, a 15-year-old boy, and Petunia, a 17-year-old girl, are in a romantic relationship. One afternoon, while alone together, they engage in sexual intercourse. Petunia later states that although she did not explicitly resist, she felt pressured by Khumo’s persistence and believed she had little choice but to go along with it. Khumo, on the other hand, maintains that Petunia participated willingly and that he believed she consented to the encounter. The State considers whether Khumo can be charged with rape under the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007. Can Khumo be charged?

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Answer

Khumo cannot be charged with rape because the relationship was consensual and both parties are minors.

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Khumo cannot be charged with rape because he is under the age of 16 and therefore lacks criminal capacity for sexual offences.

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Khumo can only be charged if Petunia physically resisted or expressly stated that she did not consent.

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Khumo can be charged with rape if it is proven that Petunia did not consent, as a minor may incur criminal liability depending on his capacity.

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Khum, a 15-year-old boy, and Petunia, a 17-year-old girl, are in a romantic rela...

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